Employer Retaliation

Employer Retaliation Lawyers Santa Rosa, CA | Sonoma County

What Is Employer Retaliation?

Illegal retaliation occurs when an employee is punished for engaging in legally protected activity. It can include being demoted, past up for a promotion, discipline, job or shift reassignment, or being fired. Retaliation, however, can also be more subtle.

What Can I Do About Employer Retaliation?

If you believe that you have been retaliated against or terminated for complaining about nonpayment of overtime or reporting discrimination or harassment in the workplace, please speak to us about how to protect your rights.

Employment law claims have a short statute of limitations, which means that you are not entitled to a recovery if you wait too long. The longer you wait the more likely it is you will not be compensated or the amount you are truly owed will be reduced.

The only way to know for sure is to contact us. Initial consultations and evaluations for employment related violations are confidential and free, so there is no cost to you to find out if you have a valid concern and are entitled to compensation.

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Don’t Be Afraid To Speak Up

Retaliation for complaining to the employer or filing a formal complaint is illegal.

An employee’s formal or informal complaints to the employer regarding unlawful employment practices (such as failure to pay overtime, being misclassified as an exempt employee, discrimination or harassment) is a “protected activity” under California law. Any adverse action taken against the employee after such complaints may constitute illegal retaliation.

This protection also applies to situations when an employee complains about unlawful employment practices directed at another employee.

It is important to note that it is immaterial whether the employer’s practice was actually discriminatory or not. As long as the employee had a reasonable and good faith belief the employer’s practice was unlawful, the employee’s complaint is protected.

Also, the law protects employees who participate in investigations hearings, or investigations involving allegations of illegal discrimination or wage and hour claims.

In short, this means your employer cannot punish you for speaking to a government investigator or testifying truthfully in a court of law or at a deposition.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and emails. Contacting us does not create an attorney-client relationship.